The Dead Alive

CNN yesterday (from Mental Floss) listed a few cases where convicted and sometimes executed murderer's victims show up alive after the fact. One such case is:

"The Brothers Boorn

In May of 1812, when Richard Colvin vanished, speculation amongst the townspeople of Manchester, Vermont, was that his brothers-in-law, Jesse and Stephen Boorn, were responsible. Without evidence of foul play, though, no charges were pressed.

Seven years later, the Boorn Brothers' uncle had a dream in which Richard said he'd been killed and his body buried in an old cellar on the Boorn farm. Upon excavation of the cellar, a penknife and a button were found, both identified as Richard's. But the "evidence" still wasn't enough to charge the Boorn Brothers. Soon after, when a barn on the Boorn farm burned to the ground, many believed it was arson to cover more evidence. But, again, no charges were filed.

Things finally came to a head, however, when a boy discovered bones under a tree near the Boorn home. While in custody, Jesse confessed that he and his brother had killed Richard. But before the trial began, a closer examination of the bones revealed they weren't even human, but those of an animal. The prosecution carried on, however, for they had the damning testimony of Silas Merrill, a forger, who was Jesse's cellmate.

Merrill said Jesse had implicated himself, Stephen, and their father in Colvin's murder. His testimony mentioned the suspected locations of the crime -- the cellar, the barn, and the tree -- all fitting together in a neat little package. For his cooperation in the case, Silas was set free.

As the evidence mounted, Stephen confessed as well, telling the same story as Silas, but without implicating his father. The Boorn Brothers were convicted of murder and sentenced to death in 1819. Jesse's sentence would later be commuted to life in prison, but Stephen was set to hang.

Rather than sit idly by, Stephen placed an ad in different newspapers explaining his predicament. The ad included a description of Richard Colvin. Amazingly, the thing worked! Someone actually tracked Colvin down, who was alive and well in New Jersey.

The Boorn Brothers were released from prison and petitioned for compensation from the state. But because they had both confessed to the crime, they received nothing but their freedom. The Boorn case became the first documented wrongful murder conviction in American history."

This case inspired the story by Wilkie Collins called The Dead Alive, which is a short but powerful read. Wilkie Collins's The Dead Alive: The Novel, the Case, and Wrongful Convictions

More from the CNN Story: Convicted murderers whose victims weren't dead

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